Saini

Saini v. Gonzales

Good Law
132 F. App'x 732
United States Court of Appeals for the Ninth CircuitMay 27, 2005No. 03-72009; Agency Nos. A75-309-010, A75-309-016, A75-309-017, A75-309-018California281 words

Opinion

Lead Opinion

MEMORANDUM **

Satnam Kaur Saini and her daughters Rupinder Kaur, Bhupinder Kaur, and Maninderjet Kaur (“the Sainis”), natives and citizens of India, petition for review of a decision of the Board of Immigration Appeals (“BIA”) summarily affirming an Immigration Judge’s (“IJ”) decision on credibility grounds that the Sainis were not eligible for relief under the Convention against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition.

Substantial evidence supports the IJ’s credibility finding. In his own asylum hearing, Didar Singh, the husband and father, gave testimony that contradicted that of the Sainis in nearly every material respect. We are not able to say “that no reasonable factfinder could find that [they were] not credible.” Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003) (internal quotations omitted).

The Sainis contend that the IJ violated their due process rights by considering the testimony of Didar Singh, as described in the IJ’s decision in his asylum ease, at all. We disagree on two independent grounds. First, the Sainis themselves submitted the decision into evidence. See 8 U.S.C. § 1229a(b)(4)(B) (requiring that aliens be allowed “a…

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